1922-03-14 Regular
]'tlO. j:j6, 1~2~.
The Ci¡,y Cow!oil mOli ill reglllar sessiliJJ. "this l;.8"n day ,,:r F6Lru.ary,
A.D. 1~2~ wi ÌlU "i.e ~ollOWÌìJ.f; members present;: . ..
O. O. Davis,
. H. C. Adams,
R. E. MoLaughlin
Also present were G80. F. Parker, City Attorner,
W. W. DUllLicliff, City Clerk.
Owing to the absence of Mr. W. T. Good.~ Chairman, Councilman
MoLaugltiin was unanimously chosen temprary Cl~irman of the City
Council, and on motion of H. C. Adams, seconded by o. o. Davis the
Council adjourned to meet again at 7:30 p m. March It 1~22.
HEMoL
ATTEST: President pro-taw
Maroh 1, 1~22
Pursuant to adJournwent on February j:j8, 1922i,he City CoULoil wet.
and was,oalled to order with the following members present:
O. O. Davis,
J. s. UIJderhill,
H. C. Adams
Also present were Geo. F. Parker, City A~torney,
W. W. Duuaicliff, cii~ Clerk.
Motion was made by H. C. Adams, aeaonded by J. S. Underhill, tha~
Councilman O. O. Davis act as temporary President ofl-he.Council
in the absence of W. T. Goode, regular President.
Councilman then assume the ohair.
. .
. Motion was made by H. C. Adams and seconded' by J. B. Underhill, that
City Engineer's Estimate No.5 of February, 2~ 1922 in faTor of the
Maule FaTing Company, in accordance with the~r contract. for paving,
oiling and curbing, be paid, amounting to $2,976.09. Motion
carried unanimously, and Toucher No.223 was issued.
On motion oí Councilman J. S. Underbill, seconded by Councilman H. C.
Adams, the Council adjourned.
OOD
~ . '-1/ President, Pro-tom of
ATTEST: Yh'C-""",?~ <.-lOity OoUllcil
C~ty lerj(.
March 14, 192i;:;.
The City Council of the City of O~eechobee, Florida met in regular
session this 14th day of J4arcn, 1922 Wi1in the following members
present:
D. E. Austin, :Mayor
W. T. Goåde, President,
H. C. Adams, Council
O. O. Davis, "
. R. E. NioLaughlin, "
Also present were Geo.. F. Far-iLer, City Attorney,
R. E. Willis, City 'Engineer,
W. . W. Dunnicliií, City Clerk.
Minutes of February ~8, anu. March 1, lS22 were reaa and approved as
read.
Estimate Nv.6 for Maule FaTing Compauy was read by tne Clerk, aLter
which motion was made by Cou.ncilüì&.n o. o. Davis, Bee elided by Councilman
H. C. Adams, that Estimate No.6 of March l4,19~2 for the kaule Paving
Company, be paid, amounting to ,780.43. Motion was Wlanimous.
On motion ofCounoilman H. C. Adams, 8eooRded by CoWloilwan R. E.
McLaughlin ordinance No.60 was read a first time. There were no
, .
corrections or changes., .
On wotion of Councilman O. o. DaTiS, seconded by Councilman H. C.
Adams, was passed to its second r.adi,ng. and on motion of CounoilD.J.aIl
. ,¡. .
O. u. DaTis, seconded b~ UoUilcilman .J:i. u. ÁQ.s.lilB, Ord..ì.uauoe ,No .ùO
was passed to its third I'eaa.i.ug anu final passage wii-í..L...e vote as
followS: " .
W. T. Goode, Yea
O. O. Davia. Yes,
. R. E. McLaughlin, Yea
H. C. Adams, Yea None voted No.
Ordinance no .60 was then si¿;rled by the COWloil. ati/ested by tne
Cler~ and approved by tue Mayur.
ORDINANCE Nu.60
An Ordinance providing for ~he construction of a system of Sewerage
upon certain d..ignated ATenues, streets and alleyways, or parts
thereof, ån the City of O.k.eechobee, Florida, requiring abutting pro-
perty owners to pay for coüstru.cting a part of said woI'k, providiHg
for the constrû.ction ofL.he same, and leTying of improTement liens
against abutting property tnereon, ana. providing for the foreclosure
and sale thereo# upkn failure of property owners to pay saiû
as~eSSments Wilen due ana payable, ana providiÚg for the application
of all funds reali~ed from tne collection of said liens by foreclosure
or otnerwise, as' authori zea under section 2::1, CHapter 8318 Acts of tíle
Legislature at its Session A.D. 1::11~.
.
.
BE IT ORDAINED BY THE ~YOR and the City Council of the City of
Okeeoho bee, lnorida:
Section I: That there be constructed on the following named or
described aTenUGS, streets and alleyways, or parts thereof, of the
City of Okeeci~bee,Florida, to-wit: .
The alleyw~ between North P~k and Eighth Streets,~from ~
Okeecnobee Avenue to west line of Oklocknee Street.
Osceo¡a ATenue, from alleyway between North Park and Eighth
Streets to riarth line of NinthS~reet.
Alleyway'between South Park and Seventlh Streets, from Okeechobe.e
. ATenue to Tallahassee Street. -
AlleYWay between Kissimmee Street and Parrott Avenue, from allwy-
way between South Park and Seventh Streets, south through Railroad
Property to canter of First Street, according to original p~at of
town of Okeechobee.
Al.leyway between Seventn and Sixth Streets, from alleyway between
Kissimmee Street and Parrott ATenue, east through Railroad property to
Hiwassee Street. .
Alleyway between Fifth anQ Sixth Streets, from alleyway between
Kissimmee Street ana. Parrott ATenue" east through R.~lroad property
to Hiwassee Street.
. First Street of original plat of Okeechobee, from lAill.Du!le Strf8:.
41;0 a point 252 fee t east of east line of Parrott Avenue ./');'"
. Miamee Street irom First Street south to Third Street in Sou~b
Okeechobee.
Okeechobee Avenue, according to original plat of town of
O~eechobee, from alleyway between Eighth and Hinth Streets to alley-
way between South Park and Seventh Streets.
a system of sewerage, to be constructed wi th sewer pipe, wi.th Ifecessary
m. anholes, lamp holes, fluaÎl manhoolest s.erage "reatmellt tan.k:.s, with
the necessar~- "Y" and "T" bra.nches for houae connections, according
to the plans and specifications her~tofore prepared by City Engineer
W. B. Clay, and now on file in ~he office of \he City Engineer; the
City reser~ing the right to ruu house connection lines to the property
line or such distances as may be necessary to take proper care oflíhe
paTing.
That the plans and specifications, as shown thereon, oí('he said
. City Engineer, are hereby fixed a.nd adopted as.suoh, and the sewerage
to be laid or constructed shall be laid accordi1J.g to said plan. and
specifications. .
Section 2:-- That the cost of the construction of said sewerage on
the intersections ox all avenues or streets, or across &DYaTenue.
" 'or street or streets, Baal.!. be paid by the 01 ty of Okeechobee.
That the remain.er of" the oxpense o:f such construction or im-
provement shall be charged or assessed by the City Council of the
City of Okeechobee against the property abutting upon each side of
the Avenues, atreet or streets, alley or alleyways, or parts
thereof herein aboTe ordered ooIl8tructed upon, in the proportion of
one-third of the Goat thereOf',- 'agailì.8t the abu.1,.ting property, upon
eaea..ide of aaidavellu.es,atreeta or allepays, or parts thereof,
and the amoWlt billed or oaarged to 'Jf:e o.a~r o:f .&1410t or I...,.
..
" ,~ ~'M!~'òr"'f~~l'frl'jl
94 or parts "Úereoi, 1:1. knOWu, auu iJ.. t. ue name OJ.. "he owner ,. not
--Down, then lio be billed 01' ...11....:I...jG Ii s.s Ui",knÓWti ;tÜtA.v :porcíon asseased
'against the abutting property to be charged or assessed in propor-
tion "oi.he frontage of l..1.e sawe upo.ú. said. avenues, streèts or
alle~-ways, or parts\'aereof, and which said lot or lots, or parcel
of land shall be especially benefited by the improTements thereon, .
which said assessments shall be a lieu upou the said laud and
improvements thereoa superior to all otuer liens!; except ,taxes,
upon tue same, and. saiâ liens shall bear interest at ~he rate of
eight per cent. per armwn frow dat,ethereof, as finally determined
by said. Cit,- Council, until ful.i~ paid.
Section 3:--' That all said liens shall be recörded in the offic8
of the Clerk of the Circu.it Cou.rt Lu Okeechobee County, Florida,
when made, without del&~, and shall ,be signed b~ the; Mayor, coUliter-
signed b~ tne President ,of tile c~t~ Council and attested by the'
Cit~ Clerk wii.hthe seal of "he Ci¡';,y of 01.Eìechobee affixed "hereto.
Section 4:-- As soon as practic&l.b.Le and wi thi.n Ni.u.ety days after 'J'
the completioli of the construction of the said s81ferageon any one,
avenu.e, street or 8, treets" or a,lley íJrall"eYWa~s, or parts thereOf",
the City Cler~ shall baTe prepared a statement of the cost of such,
construction, and shall enter up in a book, which Øhal~ be prepared
for tha. t purpose, to be known as "Sewerage ImproTemen1, Lien. Boo.."
a list of the lots or parcels If land abuttiug the IItree~s or fllley-
ways, or parts thereof, herein aboTe orderedLo be impr8Ted with
sewerage, showing the amowìt of frontage respect:i Tel;}' of ,each lot or
parcel, of land, said boo~ shall also oontai.ú. a s1,atem6.u.tof~he
total amount of the cost of the work upon each street or allepa.y,
,together with the date of tþe completion uf the s~e, and shall
. enter again¥ each let or parcel of land, the amo~t or the amounts
to be ohargfd or assessed a8ainst the sawerespectiTel¡, in propor-
tion to the 'fro~tagatiÏ1a( each lot bears to the total so iwproTed
with the .sewera~e system, excluding the còsts of, the said portion
chargeable to the City, it being he.teby determinedilhat ',in the
discretion of the City C~uncil the front foot rule is a. ¡fair and
. just method for the deterú.ination of the amotlll1. uÍ costs which will.
be charged agaiûstl,he abut.ting proper¡,;y' respecti Tely.
,". The said assessment ~hall be made against each City lot
.j according to the recorded plans of the same except where ,¡,he prop- , .
arty of one indivicual includes part or parts of other lo1:is, '¡,nen
the assessment may be made as a whole against any group of contigu-
ous lots or parts of lots belong~ngto the same individual, ali the
time the said lien is prepared. Said bOOK shall be filed in the
oim,ice of the 01 ty Clerk 8.Ild kept open to public inspection duri,ng." ,
the usua~ ofTice hours. ' .
Section 5:-- Upon the corupletion of theconstrucf~on vi the an"tire
wor,Ì'. or upon the completion ami construction on any avepue, street
or alleyway PI' part -¡;,hereof, 'Lhe Ci "y Clark. sha~l, as 'soon as pos- i
sible thereafter, publish a. n~tice in some newspaper publisheã.in
the City of O.Leechobee of the fact that saia. worA has been completed;
.. such notice to contain the name or nawesuf tÍ1e &TenUe, sl'reet or
streets, or alley or ..lleywa~s, or parts thereof, so coLuplet,ed, Lne
.. date of completion of tile salile,anä. snail give notice 1,0 tne owners
of tn~ lot or lots or parctjL o. parce.Ls vi 1a1.l.u., ",.contiguou.s ,¡:¡r
abu"tting upon s~id avenues, stfeet, streets ur a.Lley, vr al.LGyways, J'
0 r plJrtions J¡,¡hereof; that SUCH asse ssments or lielis hàve been
entered in said book, a.ad that. any per~on or persons owlliug any
such pa.r~1I or parcel vi land, upon whiotJ.:L!H claimed, may wi thin
3u days aftert.he publication of such notice, present in wri ¡"ing to "
the Ci ty Clerk an~ objections t.o ¡"ne lien aforesaid, setting forth
the grounds of objections to'the levying of SUCil lien upon said
lands, orì.,O -'"he amouu'lJ of the same; SUCfl notice shall spe<.:iíy î..he
name or names 01 each pruperl1Y owner, toge"ther witn "tile lo"tor lots
against wh~ch assessments are made, and ¡,he amO'lUlu of ",he assessment
against -'lJhe same ,Saidobjections may be based upon any irregular-
ities in the proceedings ,relating to the levying of Lhe assessment,
or as to útlS amount of assessme.u-'" agail.1st Lns p.r1:iicuJ..ar property I
l described. .
I Sec tion 6: -- Said notice above requireã.to be publishe d, shall also
'§Pacify a ,date upon which the City Council shall meet, unCi. consider
all objections as may be filed, to('he amount, or¡"o vue eriiorce-
I. went of aD¥ such ,lien,ami upon SUCll da,te ,the Cií.~i Co'lUlCil shall,
I' meet ana hear and consider such objectionW and shal~ ~~e Que an'
I proper 'inquiry, ~nu. iI 'it.. sha.L.I. appe~r ,,0 '"neir s&t.isfa.ction that a
Ii" "
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'95
:portion u:tt,Ile OOSLi as elllJerea. in salu. :J..ie1JbooK exceedS lI.ue ac"tual .
cost 01 tHe oonstrM-<.i tion Of SUCLl iruprcvemelJ.ts, or hasueen erl'oneous.L;.y
entered, the said City Council shal.L have the entry in saici lien
bOOK corrected Ð.J..iU shall fix the arnou.nt.t.o be charged agaiüSli said
lot or lots in an amount not to exceed l.,he actual one-third uf "the
costs accruing against said lot or lots, by reason of the constr....c-
tion of said sewerage iwprvven!~mts, and.t.he awounu so iixea. bYlIne
-said City Council shaJ.l stand as i.,he awouiJ.... oi 4.lh. lie, ,¿, awl sh all
be conclusi Te of suc n ma. tters. Any amount in excess of L.he said.
one-third costs, as above, shall be paid by the City of ukeechoùee.
Section 'I: -- In all cases where no objections have been filed. as
heretofore provided for, 1,he amOUllIJ entefoed int.lle said Sewerage
I,mproTement Lien Boo.IL shall be considered as prima-facie correcli,
and ï:ihe saia. City Council sha..Ll thereupoA fix a lien upon 'ÍJue
property therein dewcribed at the &mount~ therein opposite said
description of the Bame, after the amount so fi~ed and determined
by the said City Ovuncil shall be conclusive upon the property
owners, alld not su.bject to attac,¡(.
Section b: A~ soon as the assessments or lines against the lots
aforesaid have been fixed in accordance wiLhLhe provisions of this
ordinance, it is hereby ordained tha.t the City Council shall
thereafter issue improTewent liens against the lands as .fin&lly
fixed in the Sewerage ImproTement Lien Book. Said assessment or
lines shall be made payable in not more tba.ü tell equal p.,menta,
payable oRe-~euth of the principal each and eTer~ year after date,
together with interest apon the whole at eight per cent. per annum
until fully paid. Provided, That the first installment of one~the~th
shall be dutil and payable on the date the lien ia made, à.ndtihe othe!"
.assessments of lien., to be paid one-ninth anau.ally thtiAafter Wlti¡
fully paid, wi"l¡ interest thereon at (j per cent. per annum until ïuJ;,ly
paid; TiLe saií..i. lien way be paid in iul.L at al1¥ time ill oaSh, toget_J!.
wi tLL interesttùereon at è:í.toTe rl. te . . .
.~
. Section ~:-- That all moneys collected in payment of the aforesaid
. lien8, after all coats and expeuaes haTe utilen paid, anall be deposit-
ed into tuG proper City Depoai tory to the credit of the Interest. and
Sinking Fund of th. A.l;. 1~21 issu.v of 11iiüe Warrants iasu.ed f{Jrlìhe
purpose of retiring existing indebtedness of said City 011 account O:f
aewerag. improTementa and w8.ter supply, and applxed to the payment "
of the said Time Warrants and.interest¡'hereon as they may become
due and payable.
Section IO:-- Said liens being authorized under Section 2~ Chapter
aBl8 Acts of the Legislature at its Sessi04 A.D. l~l~.
Section ll: -- That IlpOll the failure of t he property ow;uer to pay
aD¥ installment assessed against any of Maid property, for a space
of ~O days after t~e Bame becomes due, the Whole amount of said
lien shall become due and payable and shall be for&closed and s&id
in the same manner as liens are fored!osed under the general law,
in so far as app¡icabI8, proTided that suits to forecl08e the liens
herein named shall be iilea not later than one year after the last
install~ent becomes due and ,payable. .
.
.
Section 12:-- That al¡ ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Sectiou 13:-- This ordinance shall becomeeffectiTe immediately upon
its passage and approTal. ~
Read a first and second time, and by u.nanimous consent read a -third
"time, and passed in ope.l.1 sessiQn, by u.nanimous vote, all Toting nYEA" ~
-.nd none "Ba;}", as follows:
w. T. Goo~e, Yea ';.
O. o. DaYlS t Yea .
. ,
R. E. .McLau¡hlln, Yes.
H. C. Adams. Yea
Mar. 14 A.D. 192~. Wi T. Goode,
,
President of Couúoil. #
ATTEST: W. W. DUulliclif~,
. Ci,,~ Cllr.k..
(SUL)
ApproT,d this 25 day of March, A.D. 1~22.
-. D. E. Au.till, ke.yor.
,
rare l'h, 1';j(.;.~..97-
RESOLUTIO1:~ --
ADOPTING SEWERAGE IMPROVEM1':J.lJT LIE.N FORM.
The follow1ns resolution was introcLUoed by Collllcilman H. C. Adams,
lieoonded by Co ullci ¡ ¡ma.n. R. E. .MuLaug,hlin fort.li.. purpose vf ado pti.ug
the form OJ: Sewerage Improvement Lien:
WHEREAS the City Council of the Ci"y of Ol.ef81bobee has by Ordinance
duly passed, aQthorized tt~ levying of Sewerage Improvement Liens for
the purpose of securing the payuu:wt 0:1: one-third oívhe &lilOWl1, charge-
able agaiHs\,l,he abutting property upon certain alleyways, &TenUe a, .
ana. streets or parts -thereof, anü. whereas it is necessary for\Jhe C~ ty
CoQnoil to adopt a Sewerage Improvement Lien forri>, therefore be it
resolved that the said Sewerage Iffiprovement Lien Form ~all be in
substantially the following form:
,.
1 ' SEWERA<1i llWROvÈMENT LII.N
.No. : f' ,
ST:!E OF ILORIDA COUNTY ~F OlŒECHOBEE CITY OF OKEECHOBEE
To Own~r:
.
. .
THIS SEWERAGE DtLPROVEME.NT LIEl'J, issued this day. of
A. D. 1921, by the Oi 1.~ of Okeechobee, a MunioipalCorporation of the
State of Florida, in the"Collllty of Ol.eeohobee, under the proTisio~ of
Section 2~ of a Spe~al Act of the Legislature of the" said State of .
Florida, being Chap~r 8318 of the Aots of 1~19 Empowering the City of
Okeechobee to Construct Sewers and Drains Within Said City; to Assess
, Abutting Owners for Part of the Cost of Such ImproTements, and to
Enforoe the Collection of Such Cost and ordinanos duly passsd, against
the following rea(l estate, sotuated in said City of Okeeohobee, to-wit:
..
"
ACCORDING TO THE RECORDED Plat thereof, recorded among the public
records of said O~6echobee County, in the sum of
Dollars WITNESSETH.
WHEREAS, vhe said City of OAôechobee ha' caused ~O be made on
Alleyway, between Street
and street, the following improvement, to-wit:-
The construction of a system of sewerage as aboye set forlin, awl
the said improTement having bee1./. eompleteü., ani due aotice of the cost
, thereof, and of the intention of said City 01 OAeE; chobeeto claim a
lien for \the .proportionate cost 1"hereoi having been publisþ.ed and servea.
according to. 1 a., . !ind "'lIlle Council of said Ciîiy Of. O.....e~ho bee ~la..,.ing on
~he----day of 4. D. 1921, pursuant 1.0 sa.~d publ~ca -
tion and notide having met and considered all objections wheú presented
totheru, and afl,er due considera1:iion thereof have assessed against the
property abutting on each side of said alleyway so imjroved the legal
one-third proportion (j)f the cost. of' saia. improTement, lessi.,Jha1:i por1:iion
chargeable to the City of OKeeohobee, being front feet at tne
rate of ;¡¡¡ per front foot, IDaJÜng the proportionate amouat of
this lien ÿ.pOil the lanà.s Herein de,dribed 1.he sum of
DoliarB. 11
YOU WILL TAKE NOTICE, That tne said City of Okeeonobee, Florida,
aforesaid, uoes hereby fix a.ndolailiJ a lien upon tÚe aíuresaid desoribea.
landS, for the a£oresaid one-third costs of said sewerags improvements
as assessed by said City Council, including interest at the rate of 8%
per annUm from date hereof and all expenses of foreclosure, if same is
foreclosed: That the said amount of this Sewerage ImproTement Lien
shall be paid in ten equal annual installments of one-tenth each ana.
eTery year until paid with i~te~st th~eon at the rate of 8% per annum,
ProTided that the first installw~nt of oWt~tenth shall be dQe arId pay-
able on the date tha1:i ~n's S6~rage Improvement Lien is made, and the
other nine-tenths shall be due and payable one-ninth each and every year
after date hereof lliltil fUllY~i.d, or the same may be paid in full at
any time wi"h interest as aforETsaid from date of sait1 lieü.
Tbat upon the failure of l"he own.r or person liable for the
payment of this Sewerage Improvement Lieli to pay any installment af~er
the same becomes due for 90 days the whole amounil oí~hi9 lien shall
become due and payable and shall be foreclosed and the said lands sold
to satisfy the same according 10 law.
IN WIT~ESS WHEREOF, The saìQ Ci~y of O~eechobee hath oauaed
these presents to be exeouted by its Mayor and the PZ'.Siclttnt of its
." "
--"..'p!!wn.,.1;'!1'11iM'l
~
'98 Cvunoi.i, ~:1Yld, its ~o.c.è'orù1:i,e ~eQ..l' uU u6 üer~ un lIU aIlixe'd'! anü. t,Üe same
I a1:itesteu by illS C.L6rK, vile da~ and ~ear ~lrêt above wrltten.
.. " lViayor of said Cil,~ of O,c,-eecho bee.
"
,+ President, of Counci.L of said ,.
. Cit~ or OKeechobee.
Ai- tee \,I :
i.
f 'ClerK of said. City ~ OKeec hobee'.
I
"
. STATE OF FLORIDA )
I " OKEECHOBEE COUNTY )SS .'"
, .
, Personal~'appeared before me Mayor,.
! Preslden\¡ of \,Iue Council, and . CJ....er.r.. of"ue City 07:
I. OÄ.',,"e.eChOb.ee.'.Wh..O...' being' duJ,y ~worn~ sa.,Yt.na.."t....,.-lihe ..cts....set..f.\..f.o...r..~r.'lin';¡'he "¡'.".
I above Sewerage Improvemen' Llen are t:8Le * all p&rtlcul~~+, 1ih&),.t \'ue'
t' total amount of .' "Dollars is justly - .', ,
I awl unpaid; anu. he~eby ac.k:now~edge" t..1. 1ti~ above lien was,~ec'uted for '.':
\ tne pur~oses theralll expressea, ana. pray tnat the san. may be, d)11y -" I
recordea. # ;
.. . 1
. '
.', Ma~or 01 the C~ty of 01.eechobee.
..
..
, , President of the Ci ty Council
, of the City °ít O,¡(eec bobee.
,ATTEST:
.f.- .
.." Cl;er~of the City of O.h.eechobee.
t
Sw-or.n.toand subscribed before met-his dB¥ of A.D. 1921.
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